Published on 14 November 2022
SECOND SECTION
Application no. 38496/21
M.Š.B. and Others
against Croatia
lodged on 24 July 2021
communicated on 25 October 2022
SUBJECT MATTER OF THE CASE
The application concerns the Croatian authorities’ decision not to open a criminal investigation against the first applicant’s father on charges of physical abuse.
The first applicant, who is twelve years old, previously lived in Bosnia and Herzegovina with both her parents, before her mother took her and her minor sister to live in Zagreb, Croatia. Following their arrival in Croatia, in May 2019 the mother filed a criminal complaint with the Croatian authorities alleging, among other things, that the first applicant’s father had used corporal punishment against her (by hitting her with a belt or a stick on her body), insulted her, threatened to beat her and threw a book at her. A criminal complaint in respect of the same events had previously been rejected by the prosecuting authorities in Bosnia and Herzegovina.
On 3 January 2020 the Zagreb State Attorney’s Office rejected the criminal complaint. Even though the father had admitted in his interview with the Bosnian authorities to having occasionally resorted to corporal punishment of the first applicant, bearing in mind the frequency and dynamics of such behaviour, in the prosecutor’s view, such conduct presented a poor educational method but did not reach the threshold necessary for criminal prosecution. The mother then tried to take over the prosecution, but the courts refused her request for further investigation measures. Her subsequent constitutional complaint was declared inadmissible.
The first applicant complains, under Articles 3 and 8 of the Convention, about the authorities’ refusal to criminally investigate her father’s physical abuse of her.
QUESTION TO THE PARTIES
Have the State authorities complied with their positive obligations under Articles 3 and/or 8 of the Convention to protect the first applicant from alleged physical abuse by her father? In particular, did they conduct an effective investigation of the first applicant’s complaint that she had been subject to corporal punishment by her father (see M. and M. v. Croatia, no. 10161/13, ECHR 2015 (extracts); and D.M.D. v. Romania, no. 23022/13, 3 October 2017)? The parties are invited to provide the Court with relevant case-law of the domestic courts in support of their arguments.
APPENDIX
No.
Applicant’s Name
Year of birth/registration
Nationality
Place of residence
1.
M.Š.B.
2010
Bosnia and Herzegovina, Croatian
Zagreb
2.
I.L.
1982
Bosnia and Herzegovina, Croatian
Zagreb
3.
A.Š.B.
2013
Bosnia and Herzegovina, Croatian
Zagreb